Arguments Against Cruel And Unusual Punishment

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Death Penalty The Eighth Amendment in the “Bill of Rights” prohibits the federal government from imposing unusual punishment for federal crimes. “The amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted” (Farlex). By not allowing cruel and unusual punishment, the prisoners of the nation have their individual rights as if they would in society. Cruel and unusual punishment comes into affect when it comes to death penalty. The punishment of dead has to be the right punishment for the crime. If the crime is not severe enough for the death penalty, the courts will define the punishment as unconstitutional which lies under the Fifth Amendment. “A death penalty is the sentence of execution for murder and some other capital crimes.…show more content…
The penalty of death is a very thought out process when it is subjected to a convict. The convict has to deserve the severity of the punishment and the courts cannot have any thoughts of the sentencing as unconstitutional for it to come into affect. Some arguments that were made that are for the death penalty, “gives closure for victim’s family who have suffered, creates form of deterrent crime, parole or escaped prisoners are given another chance to kill, and gives prosecutors another bargaining chip for plea bargain process” (Messerli). The constitutional arguments against the death penalty are, “financial costs of death penalty cost more than life in prison, appeals clog court system, why kill people who killed someone, innocent men and women may be put to death, and it does not bring the victim’s life back” (Messerli). The arguments for and against the death penalty are very strong arguments and could persuade a person’s mind to believe in both sides. It comes down to the court system’s decision weither or not they believe that the convict deserves the punishment of
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